The aim of this regulation is to ensure a high level of safety and improve the functioning of the internal market by incorporating into European Union (EU) legislation the technical requirements and administrative procedures in the field of aviation, as drawn up by the Joint Aviation Authorities (JAA), and requiring EU countries to comply with them.

ACT

Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation [See amending act(s)].

SUMMARY

This regulation applies to the harmonisation within the European Union (EU) of technical requirements and administrative procedures in the field of civil aviation safety, concerning the operation and maintenance of aircraft and to persons and organisations involved in those tasks.

The common technical requirements and administrative procedures, as referred to above, apply to all aircraft used by EU operators.

EU countries were responsible for ensuring that their competent civil aviation authorities met the requirements for membership of the Joint Aviation Authorities (JAA) as specified in the arrangements, and that these arrangements were signed before 1 January 1992.

Any aircraft which operates under authorisation granted by an EU country in accordance with the common technical requirements and administrative procedures is allowed to operate under identical conditions in all EU countries, without the need for further technical requirements or evaluations.

There must be a mutual recognition within the EU of certification granted by an EU country to persons or bodies under its jurisdiction who are responsible for the maintenance of products or the operation of aircraft.

EU countries may take immediate action over safety problems concerning a product, a person or a body covered by this regulation, regardless of the above provisions.

Where safety levels are found to be inadequate or lacking under the common technical requirements and administrative procedures, the Commission must make appropriate proposals to remedy the situation. In exceptional circumstances, EU countries may also grant derogations from the technical requirements and administrative procedures covered by this regulation, provided they are in line with its safety objectives.

The Commission will be assisted by the European Aviation Safety Agency when drafting any amendments to the requirements related to cabin crew and to flight and duty time limitations.

EU countries must take the necessary measures to coordinate their research programmes to improve the safety of civil aircraft and their operation. The Commission may take any appropriate initiative to promote these national programmes.

EU countries must notify the Commission of:

any new or amended requirements or procedures drawn up or adopted in accordance with the procedures laid down in the arrangements;

any amendment to the arrangements themselves;

the outcome of consultations with representatives from industry and other interested parties.

The Commission, assisted by the Air Safety Committee, must amend the common technical requirements and administrative procedures where such amendments are made necessary by progress in the field of science and technology. If such amendments involve a national variant for a given EU country, the Commission must rule whether or not this variant should be included in the common technical requirements and administrative procedures.